STATE STATUTES Current Through December 2018 WHAT’S INSIDE State agency Responding to Child Victims responsibilities of Human Trafficking Training requirements Human trafficking, particularly sex trafficking, Diversion from prosecution has emerged as a specific responsibility for child welfare agencies due to the high risk of exploitation Services and supports for children and youth involved in child welfare. for victims The potentially unstable living situations, physical distance from friends and family, history of trauma, Support for anti- trafficking efforts and emotional vulnerability can put these children at risk for being targeted by traffickers.1 Federal Summaries of State laws laws require child welfare agencies to respond in specific ways to reports of child sex trafficking. To find statute For example, the Preventing Sex Trafficking and information for a Strengthening Families Act (P.L. 113-183) amended particular State, go to title IV-E with provisions to prevent and address sex trafficking of children in foster care by requiring https://www.childwelfare. that title IV-E agencies do the following with regard gov/topics/systemwide/ laws-policies/state/. to children or youth who may become victims of trafficking: Develop policies and procedures for identifying, documenting in agency records, and determining appropriate services for any child or youth over whom the title IV-E agency has responsibility and who the agency has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking 1 For further background information on this issue, see the Child Welfare Information Gateway publication Human Trafficking and Child Welfare: A Guide for Child Welfare Agencies at https://www.childwelfare.gov/pubs/trafficking-agencies/. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Responding to Child Victims of Human Trafficking https://www.childwelfare.gov Authorize a title IV-E agency, at its option, to identify multiagency approach in developing and monitoring the and provide services to any individual under age 26 child’s case plan.3 who may be a victim of sex trafficking without regard to whether the individual is or was in foster care Law enforcement agencies have an important role in child Report children or youth identified as being victims of sex trafficking cases. Since children and youth involved in sex trafficking to law enforcement authorities prostitution or other sex offenses due to sex trafficking are considered crime victims rather than criminals, it is The Justice for Victims of Trafficking Act of 2015 (P.L. law enforcement practice in many areas to not to arrest 114-22) amended the Child Abuse Prevention and these children but rather to refer them to child welfare Treatment Act (CAPTA) to require States to develop agencies for assessment and services. Laws in 13 States policies and procedures to identify, document, and and the District of Columbia also require law enforcement provide appropriate services for children (1) who are and child welfare agencies to collaborate and coordinate under the placement, care, or supervision of a child their efforts in conducting investigations of child sex welfare agency and (2) who are at risk of becoming victims trafficking.4 In addition, in 25 States and the District of of sex trafficking or who are victims of sex trafficking. Columbia, child welfare agencies are required to notify P.L. 114-22 also requires States to develop provisions and law enforcement when they determine that a child in their procedures, including training for child protective services custody is a trafficking victim.5 workers, for identifying and assessing all reports involving known or suspected victims of child sex trafficking. Training Requirements State Agency Responsibilities The Justice for Victims of Trafficking Act of 2015 (P.L. 114-22) requires training for child protective services For this publication, State laws, including statutes, workers and authorizes specialized training programs regulations, and policies, were collected from States, the for law enforcement officers, first responders, health- District of Columbia, and U.S. territories to gain a sense care officials, juvenile justice personnel, prosecutors, of what efforts State agencies are specifically, legally and judicial personnel to identify victims and acts of required to make in response to minor victims of sex child trafficking. As of December 2018, 26 States, the trafficking. The information collected shows that State District of Columbia, and Guam have established training laws require child welfare agencies to develop policies, requirements for law enforcement personnel.6 Child procedures, and protocols for assessing and providing welfare agency staff must complete training on human appropriate services to children and youth who are trafficking in 17 States, the District of Columbia, Guam, suspected victims of sex trafficking or commercial sexual and the Virgin Islands.7 Training also may be provided exploitation. The laws also require State agencies to assist victims of trafficking in accessing services that can appropriately meet their unique needs, and this often requires child welfare agencies to collaborate with an 3 California, Florida, Idaho, and Massachusetts array of community agencies. Approximately six States 4 Arizona, Connecticut, Hawaii, Idaho, Indiana, Kansas, Maryland, North Dakota, Oklahoma, Rhode Island, South Carolina, Vermont, and Wisconsin use multidisciplinary teams and/or children’s advocacy 5 Arizona, California, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, centers to coordinate assessments and the provision of Kansas, Maryland, Minnesota, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Vermont, services, including medical and mental health evaluations, Virginia, West Virginia, Wisconsin, and Wyoming safe housing, and other basic services.2 Four States use a 6 Arkansas, California, Florida, Georgia, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, 2 The word “approximately” is used to stress the fact that the States South Carolina, Tennessee, Texas, Washington, and Wyoming frequently amend their laws. This information is current only through 7 Arizona, Arkansas, California, Florida, Maryland, Massachusetts, Minnesota, December 2018. Arizona, Connecticut, Delaware, Maine, North Dakota, and Nevada, New Jersey, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah, Rhode Island currently utilize multidisciplinary teams or children’s advocacy Virginia, and Wisconsin centers to handle cases of child sex trafficking. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/traffickingresponse. 2 Responding to Child Victims of Human Trafficking https://www.childwelfare.gov for prosecutors,8 judges,9 defense attorneys,10 health- Training for child welfare investigators and caseworkers care providers and facilities,11 school personnel,12 foster may include, but is not limited to, the following: caregivers,13 victim services providers,14 staff at child care Laws governing human trafficking facilities and group homes,15 and juvenile probation staff.16 In Connecticut, Minnesota, and New Jersey, training The dynamics of human trafficking and its effects on on identifying victims of human trafficking and the victims responsibility to report suspected trafficking is required Recognizing human trafficking for owners and operators of hotels and motels. Resources, processes, and procedures for identifying and assessing victims of human trafficking The content of the training for law enforcement personnel Working with community resource providers in the may include, but is not limited to, the following elements: area of human trafficking State and Federal laws regarding human trafficking Forensic interviewing and processes Methods for identifying a sexually exploited child Coordination with law enforcement agencies in Methods for interviewing and engaging a sexually assessing and responding to child sex trafficking exploited child reports Methods for assisting victims in accessing specialized Relevant law enforcement procedures, including the programs and services for a sex trafficked child collection and preservation of evidence Methods for minimizing trauma in the detention of a A child’s constitutional rights as a victim of a crime sex trafficked child The dynamics and manifestations of human trafficking Diversion From Prosecution Methods for prosecuting human traffickers Federal and international law recognize that sexually Coordination with child welfare agencies in new exploited children are the victims of crime and should be mandatory responses to child sex trafficking reports treated as such. Laws in most States also recognize that the criminal justice system is not the appropriate place for Methods for increasing effective collaboration sexually exploited children and that child victims, when with nongovernmental organizations and other possible, should be diverted into services that address relevant social service organizations in the course of their needs. These laws, often known as “safe harbor” investigating and prosecuting a human trafficking